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" ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement,... "
The Northeastern Reporter - Página 26
1906
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volumen69

New Jersey. Court of Chancery - 1907 - 930 páginas
...discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4) were created by his fraud, embezzlement, misappropriation...acting as an officer or in any fiduciary capacity." Chapman v. Forsyth, 2 How. 202, is the leading case on this subject. It was there held that by the...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volumen72

New Jersey. Court of Chancery - 1909 - 1076 páginas
...Bankruptcy act, where are enumerated the several exceptions; the fourth of which is: "Such dehts as were created by his fraud, embezzlement, misappropriation...defalcation while acting as an officer or in any fiduciary ca/iacity." The complainant contends that the debt herein arose by a misappropriation to his own use...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volumen21

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1901 - 614 páginas
...discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4) were created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity. ' ' Corey having been charged in the complaint with a breach of duty by negligent management of the...
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The Northwestern Reporter, Volumen94

1903 - 1250 páginas
...3428], providing that a discharge shall release a bankrupt from all his "provable debts," except such as "were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in a fiduciary capacity." 2. A trustee for creditors, who afterwards was appointed receiver for the debtor,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volúmenes111-112

1902 - 2074 páginas
...bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity'' The difference in the language is striking. Under the old law "no debt created by the fraud or embezzlement...
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The Federal Reporter, Volumen143

1906 - 1052 páginas
...Supp. 1905, p. 684] ) — a discharge in bankruptcy does not release the bankrupt from provable debts created by his fraud, embezzlement, misappropriation...acting as an officer, or in any fiduciary capacity. It may very well be doubted if within the meaning of this section, the steel shares in the possession...
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The Federal Reporter, Volumen141

1906 - 1122 páginas
...1898 to mean that, in order to bring a debt within the exception, it must be created by the bankrupt's fraud, embezzlement, misappropriation, or defalcation...acting as an officer or in any fiduciary capacity. This decision divests the present case of all considerations save these : First, was the debt claimed...
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The Atlantic Reporter, Volumen87

1913 - 1152 páginas
...Сотр. St. Supp. 1911, p. 1497]), which excepts from the operation of the discharge such debts as "(4) were created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity." The question turns upon the meaning of the phrase "in any fiduciary capacity," as used in the act This...
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The Atlantic Reporter, Volumen60

1905 - 1168 páginas
...discharge in bankruptcy shall release a bankrupt from all bis provaЫе debts, except euch as • • * (4) were created by his fraud, embezzlement, misappropriation,...acting as an officer or In any fiduciary capacity." Chapman v. Forsyth, 2 How. 202, 11 L. Ed. 236, Is the leading case on this subject It was there held...
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The Atlantic Reporter, Volumen55

1903 - 1168 páginas
...discharge in bankruptcy shall release a bankrupt from all his provable debts except such as • • * (4) were created by his fraud, embezzlement, misappropriation,...acting as an officer or In any fiduciary capacity." It is well settled by authority of the United States courts that the words "fiduciary capacity," as...
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